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Loan Release Agreement for Indonesia

Loan Release Agreement Template for Indonesia

A Loan Release Agreement under Indonesian law is a formal legal document that effectively terminates and discharges all obligations under an existing loan agreement. The document must comply with the Indonesian Civil Code (KUH Perdata) and relevant banking regulations, particularly Law No. 10 of 1998 on Banking. It includes comprehensive provisions for the release of the primary debt obligation, associated security interests, and any guarantees, while ensuring proper documentation for regulatory compliance and future reference. The agreement typically requires proper execution before a notary public and may need registration with relevant Indonesian authorities, especially when dealing with secured loans.

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What is a Loan Release Agreement?

The Loan Release Agreement is a critical document used in Indonesian banking and financial transactions when a loan obligation is being terminated, whether through full repayment, settlement, or other arrangement. This document is essential for providing legal certainty and finality to loan arrangements, protecting both lenders and borrowers from future claims. The agreement must comply with Indonesian banking regulations, particularly Law No. 10 of 1998 on Banking and the Indonesian Civil Code (KUH Perdata). It typically includes detailed information about the original loan, the basis for release, and comprehensive release provisions. The document is particularly important in secured lending transactions where formal release of security interests is required. A properly executed Loan Release Agreement serves as conclusive evidence that the loan obligations have been discharged and can be crucial for future financing arrangements or corporate transactions.

What sections should be included in a Loan Release Agreement?

1. Parties: Identification of the lender and borrower, including their complete legal names, addresses, and any registration numbers for companies

2. Background: Recitals detailing the original loan agreement, its key terms, current outstanding amounts, and the parties' intention to fully release the loan

3. Definitions: Definitions of key terms used throughout the agreement, including 'Loan Agreement', 'Release Date', 'Outstanding Amount', etc.

4. Acknowledgment of Debt: Confirmation of the final outstanding amount being released, including principal, interest, and any other charges

5. Terms of Release: Specific terms and conditions under which the loan is being released, including any final payment or consideration

6. Release and Discharge: Clear statement of the release and discharge of all obligations under the loan agreement

7. Return of Documents: Provisions regarding the return or cancellation of loan documents, securities, and other related documentation

8. Representations and Warranties: Statements by both parties confirming their authority to enter into the agreement and the accuracy of information provided

9. Governing Law and Jurisdiction: Specification that Indonesian law governs the agreement and designation of jurisdiction for dispute resolution

10. Execution: Signature blocks and execution requirements complying with Indonesian law

What sections are optional to include in a Loan Release Agreement?

1. Release of Security Interests: Required when the original loan was secured by collateral or other security interests that need to be released

2. Release of Guarantors: Necessary when there were third-party guarantors involved in the original loan agreement

3. Tax Provisions: Include when there are specific tax implications or requirements related to the loan release

4. Confidentiality: Optional section for maintaining confidentiality of the release terms and original loan details

5. Survival Clauses: Specifies which provisions survive the termination of the agreement, if any

6. Further Assurance: Include when additional actions or documents may be needed after the release

What schedules should be included in a Loan Release Agreement?

1. Schedule 1 - Original Loan Agreement Details: Copy or summary of the original loan agreement and any amendments

2. Schedule 2 - Payment History: Summary of payments made and calculation of final settlement amount

3. Schedule 3 - Security Interests: List of all security interests, collateral, and guarantees to be released

4. Schedule 4 - Release Documents: Forms of any additional release documents required for security interests or guarantees

5. Appendix A - Power of Attorney: If required for executing release documents or filing with relevant authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Construction

Agriculture

Mining

Retail

Technology

Infrastructure

Small and Medium Enterprises

Corporate Finance

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Corporate Secretariat

Documentation

Collections

Banking Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Credit Manager

Loan Officer

Risk Manager

Corporate Secretary

Treasury Manager

Banking Relationship Manager

Financial Controller

Legal Director

Collections Manager

Credit Risk Officer

Documentation Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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